FIELD OF APPLICATION
These general terms and conditions of sale apply to all sales made by BUSINESSCOOT.
These general terms and conditions of sale are expressly approved and accepted by the Customer, who declares and acknowledges full knowledge thereof.
Consequently, the fact of placing an order for one or more products with BUSINESSCOOT implies the Customer's full and unreserved acceptance of these general conditions of sale, representing all the stipulations applicable to sales concluded by BUSINESSCOOT, to the exclusion of all other documents such as prospectuses, catalogs, issued by BUSINESSCOOT, and which only have an indicative value.
Any contrary condition opposed by the Customer will therefore be, in the absence of express acceptance, unenforceable BUSINESSCOOT.
The fact that BUSINESSCOOT does not take advantage of any of the clauses of these general conditions of sale, cannot be interpreted as a waiver to take advantage of any of these conditions at a later date.
BUSINESSCOOT reserves the right to exclude from the www.businesscoot.com site any User who fails to comply with the GTCS, regardless of the breach. This right of exclusion is not exclusive of the Company's right to take legal action against offenders.
The GCS may be modified by the Company at any time and without prior notice. In such a case, the Company undertakes to publish a notice mentioning the existence of modifications for a period of one month from the date of publication of the new GCS.
Sector fact sheet: means the fact sheets produced by BUSINESSCOOT, in the form of a web page, containing for a given sector of activity all or part of the following information:
the list of the main companies identified in the sector of activity and in the geographical area studied,
a list, in the form of web links, of studies and analyses, with free or paid access, collected on the Internet around the subject, together with a commentary, a collection, in the form of web links, with comments, of relevant sources and information identified on the Internet around the business sector: press or specialized sites, forums, events, portals, a classification and comments made by BUSINESSCOOT analysts.
Qualification Sheet: refers to the sheet provided by BUSINESSCOOT to the Customer and completed by the latter with a view to ordering a Sector Sheet. It includes the title of the sector of activity and an additional qualification.
Customer: refers to any legal entity or individual placing an order with BUSINESSCOOT for a Sector File.
Publisher: refers to a company or individual producing a Report sold on the www.businesscoot.com website
On-demand Sector Data Sheets: Sector Data Sheets whose subject is first defined by the Customer by filling in a Qualification Form and then confirmed by the Company.
Reports: refers to sector studies, market studies or paid-for reports available for sale on the www.businesscoot.com website and produced by partner publishers.
User: refers to any person (legal entity or individual) registered on the www.businesscoot.com site and its affiliated sites.
Company: BUSINESSCOOT SAS, registered with the RCS of Paris under number B 519066252 and domiciled at 3 villa Montcalm - 75018 PARIS.
NATURE OF SERVICES PROVIDED
BUSINESSCOOT prepares and offers its customers Sector Sheets, the purpose of which is to inform customers about a sector of activity. BUSINESSCOOT also sells Publishers' Reports on the www.businesscoot.com website, which operates 24 hours a day, 7 days a week. The Company reserves the right, however, to modify, suspend or interrupt, temporarily or permanently, the operation of the Site at any time.
The Reports presented in a catalog can be purchased directly on the www.businesscoot.com site at the price before tax ("excluding tax") displayed on the site. The price of the Report ordered will be that in force at the time the order is placed. Taxes will be indicated once the customer has created an account.
Sector reports can also be produced on request ("sector report on request") by the Businesscoot teams.
Once selected, reports are ordered and paid for directly on the Site.
Anyone wishing to place an order for an On-Demand Sector Report must first complete a Qualification Form specifying the sector of activity they wish to research. To be valid, the order of an On-Demand Sector Sheet must be confirmed by BUSINESSCOOT. Once confirmed, the Customer pays for the On-Demand Sectorial File on the site. The order is then final and cannot be modified or cancelled without the prior written agreement of BUSINESSCOOT.
BUSINESSCOOT reserves the right not to accept orders whose Sector of Activity is not sufficiently defined or qualified by the Customer.
Delivery time: Reports are provided within the working days indicated on the web page of the study ordered from the payment of the order.
BUSINESSCOOT undertakes to supply the Customer with the sector sheet ordered within 7 days of payment of the order. However, this deadline is given as an indication. In the event of delay, BUSINESSCOOT undertakes to inform the customer as soon as possible. The customer will have 24 hours to accept the new deadline or request cancellation of the order. In the event of the customer's absence following the proposal of a new deadline, BUSINESSCOOT will consider the order as cancelled and will proceed to reimburse it. Exceeding deadlines cannot give rise to damages, deductions or cancellation of orders in progress.
The Report will be deemed delivered as soon as the Customer has received his Login and password to access his Customer Area or an e-mail with a link to the Report ordered.
The Customer has a period of 7 clear days from the date of receipt of the Report to make any claims relating to a lack of conformity between the content of the Report and the stipulations of the order form.
Complaints must be sent to BUSINESSCOOT by e-mail to the following address: firstname.lastname@example.org.
After this deadline, no claim can be taken into account.
In the event that the complaint proves to be justified, BUSINESSCOOT will provide the Customer, at no additional cost, with a new Report in accordance with the Customer's request or will reimburse the Customer.
The provision to the Customer of a Report or the consultation of a Sector Sheet does not confer any intellectual property rights whatsoever to the Customer. BUSINESSCOOT and the Publishers remain the exclusive owners of all copyrights attached to the Reports and Sector Sheets delivered to the Customer, and consequently reserve the right to market each of the Reports and Sector Sheets of which they are the authors to any other Customer who so requests.
As the customer holds no intellectual property rights to the reports ordered, he may only :
consult them on their Customer Area while they are available,
make copies for strictly private use.
Users undertake to reserve the rights they derive from use of the Site for strictly private use, for their own needs. In particular, they agree not to reproduce, publish, circulate, store, distribute, duplicate or resell any information obtained from the Site. Any behaviour to the contrary will expose them to legal action.
No reproduction, even partial, other than that provided for in article L.122-5 of the French Intellectual Property Code, may be made of this Site without the prior and express authorization of the Company.
The content of the Site is protected by national and international copyright laws and regulations.
FINANCIAL TERMS AND PAYMENT
Price: The unit price of Reports is available on request from BUSINESSCOOT or on the www.businesscoot.com website.
Reports are paid for by credit card, paypal, cheque or bank transfer on the www.businesscoot.com website, and an invoice is issued.
Any delay in payment will give rise to the application of late payment penalties, without prior formal notice, at the rate of 3 times the legal interest rate.
The Customer shall also bear all costs incurred by BUSINESSCOOT in recovering unpaid sums.
In addition, any formal notice to pay that has not been served within 48 hours of the first presentation of the formal notice letter will also give rise to the payment of an indemnity, by way of penalty clause, of a sum equal to 15% of the sums remaining due, independently of late payment penalties and the reimbursement of costs incurred for the recovery of the debt.
In all cases, in the event of non-payment on the due date, even partial, BUSINESSCOOT may suspend all orders in progress, and claim immediate payment of all sums owed by the Customer.
The Reports are strictly personal to the Customer and may only be used by the Customer. Under no circumstances may the Customer transfer or distribute the Reports and/or their contents on any medium or in any manner whatsoever.
The Sector Sheets contain links to sources and information on the Internet relating to a given sector.
BUSINESSCOOT is in no way responsible for the content of the links to which each Sector Fact Sheet refers.
Similarly, the provision of a Sector Sheet does not confer on the Customer any intellectual property rights whatsoever in respect of the content of the links to which each Sector Sheet refers.
Access to these links is therefore intended for strictly private, non-copyable use, and is limited to the Customer's own internal use. If necessary, the customer is responsible for obtaining the necessary authorizations to distribute or reproduce the content of said links.
In general, any redistribution of the information contained in the Sector Sheets for strictly private use is the responsibility of the Customer, who must ensure that the necessary security measures are in place for its personnel. Likewise, BUSINESSCOOT cannot be held responsible for any fraudulent or misappropriate use of the information contained in the Sector Sheets.
The Sector Sheets are intended for information purposes only. BUSINESSCOOT strives to provide information that is as relevant as possible. However, BUSINESSCOOT is only bound by an obligation of means, and any omissions in the selection of data reproduced in each Sector Sheet may not be considered as a breach by BUSINESSCOOT of its obligations and BUSINESSCOOT may not be held liable in this respect.
In general, no warranty of any kind whatsoever is given by BUSINESSCOOT concerning the condition, appropriateness, availability, accuracy, reliability and/or non-infringement of the information contained in the Sector Sheets.
The Customer releases BUSINESSCOOT from all liability and indemnifies BUSINESSCOOT against all judgments that may be pronounced as a result of the use of the Sector Sheets. These exclusions of liability apply to any direct or indirect loss resulting from the use of the Sector Sheets.
In accordance with the law, the Site has been registered for the automated processing of personal data.
The Site saves all data and Users give their consent to the use of nominative data collected as part of their registration. In accordance with the French Data Protection Act no. 78-17 of January 6, 1978, Users have the right to access and rectify their personal data at any time. To do so, they may contact the Site's customer service department by clicking on the "Contact" tab.
The Site undertakes to respect the privacy of its Users. It will not use the nominative information communicated to it for any purpose other than to improve the Site and the service provided.
Other data communicated by Users will under no circumstances be transmitted to Third Parties without the express consent of Users.
Nevertheless, in all cases in which the Company has good reason to believe that a User has infringed the intellectual property rights of a Third Party in any way whatsoever, it may transmit the contact details of the offending User to that Third Party. Similarly, the contact details communicated may be transmitted for legal and/or judicial reasons at the request of the authorities empowered to request such transmission in accordance with the law.
In order to ensure the proper operation of the Site, the latter gathers information, inter alia, by means of IP data and cookies. The purpose of this information is to adapt the Site and the services offered to the needs of Users and to facilitate use of the Site.
APPLICABLE LAW - DISPUTES
All clauses contained in these general terms and conditions of sale, as well as all purchase and sale transactions referred to herein, shall be governed by French law.
In the event of a dispute relating to the contract, the parties shall endeavor to reach an amicable settlement.
If the dispute persists beyond a period of 10 days, it will be submitted to the Commercial Court of Paris.
In accordance with article L. 221-28 of the French Consumer Code, the right of withdrawal does not apply to Businesscoot market research products, as these are online downloads of digital content and use of the product has commenced during the withdrawal period. By accepting the General Terms and Conditions of Sale, the customer expressly waives his/her right of withdrawal.